2021/07/21 Lennar Homes of California, Inc. Tract Map 31098 for the Construction of Landscape Improvements IP19-024LDocuSign Envelope tD: 0897D1D5-8369{.13F-92E&7AF9C4CB9OAA
AGREEMENT
Tract Map 31098
FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
tP19-0241
This agreement, made and entered into by and between the City of Menifee, State of Califomia,hereinafter called city, and Lennar Homes of california. lnc. , hereinaftei callea o"r"rtp".
WTNESSETH:
FIRST: Developer, for and ln .consideration of the approval by City of the final map of that certain landdivision known as Tracr ilao 31.0-98/ lPl9{24L, hereby agrees, at Developer's own cost aio expense, tofumishall labor, equipment and materials necessary to perform ano complete, within z+ monttri irom the date thisagreement is executed, in a good and workmanlike manner, all road and drainageTmprovements in accordancewith those Road Plans for said land division which have been approved by the bity Engineer, and are on file inthe office of the Menifee Engineering Department, and do all work incidintal thereto-in accordance with thestandards set forth in Riverside County ordinance No. 460, as amended, or ils successor, which are herebyexpressly made a part of this agreement. All the above required work shall be done under the inspection of andto the satisfaction of the city Engineer, and shall not be deemed complete untit approveJ and accepted ascomplele by the City. Developer further agrees to maintain the above required improveh"ntr to1. " period of oneyear following acceptance by the City, and during this one year period to repair or replace, to the satjsfactton ofthe City Engineer, any defective work or labor done or defective materials iumisheo. Developer further agreesthat all underground improvements shall be completed prior to the paving ot any roaJway. in-J estimateo cost orsaid work and improvements is the sum of rwo Hundred Eiohtv ihousanJ , Dollars, S280.000.00 .
. SECOND: Developer agrees to pay to City the actual cost of such inspections of the work andimprovements as may be required by the City Engineer- Developer further agrees that, if suit is brought uponthis agreement or any bond guaranteeing the completion of the road and draiiage improvements, all costs andreasonable expenses and fees incuned by City in successfully enforcing suc-h obligations shall be paid byDeveloper, including reasonable attom€y's fees, and that, upon entry of jud-gment, all s-uch costs, expenses andfees shall be taxed as msts and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,loss or damage happening or occuning to the works speiitied in this agreement prior to ttre comfletion andacceptance thereof, nor shall Cityor any officer oremployee thereof, be liable forany persons or property injuredby reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents oi employees,
in the performance of the work, and all or said liabilitles are assumed by Developer. beveloplr agrees to protect,defend, and hold harmless City and the officers and employees thereof from i loss, tiaoitity or claim becauseof, or arising out of the acts or omissions of Developer, its agents and employees, in th" jerforrance of thisagreement or arising out of the use of any patent or patented article in the performance of this agree ment.
FOURTH: The Developer hereby grants to City, or any agenl or employee of City, the inevocablepermission to enter upon the lands of the subject land division for the prrpose oi completing tire improvements.This permission shall terminate in-the event that Developer has completed work within the ti"me specified or anyextension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and waming to the traveling public of each andevery hazardous or dangerous condition caused or created by the construition of the wor[s'of improvement atall times up to the completion and formal acceptance of the works of improvemenl. The Developei shall proteci
all persons from such hazardous or dangerous conditions by use of haffic regulatory control meihods, iniluding,but not limited to, stop signs, regulatory signs or signals, bairiers, or detoursl
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
DocuSign Enve,ope lD: 0897D1Ds,8369-413F-92E8-7AF9C4CB90AA
SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at leasl 48 hoursbefore beginning any work and shallfumish said City of Menifee Engineering all reaiona6le facilities for obtainingfull information with respect to the progress and manner of work.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with
such diligence as to insure its completion within the specified time, or within such extensions of time which havebeen granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of theprovis.ions oJ the plans and specifications, Developer shall be in default of this agreement and notice-of suchdefault shall be served upon Developer. City shall have the power, on recommendition of the City Engineer, toterminate all rights of Developer because of such default. The determination by the City Engin.., of the-quesiion
as to whether any of the terms ofthe agreement or specifications have been violated, oi hav6 not been performed
satisfactorily, shall be conclusive-upon the Developer, and any and all parties who may have any interest in theagreement or any portion thereof. The foregoing provisions of this section shall be in ;ddition to all other rights
and remedies available to City under law. The failure of the Developer to commence construction shall not reliivethe Developer or surety from completion of the improvements required by this agreement.
_ EIGHTH: Developer agrees to file with City, prior to the date this agreement is executed, a good andsufiicient improvement security in an amount not less than the estimated cost of the work and improve-ments forthe faithful performance of the terms and conditions of this agreement, and good and sufficient security forpayment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 46b asamended to secure the claims to which reference is made in Title 15 (commencing with Seition 3082) of part 4of Division 3 of the Civil Code of the State of Calffomia. Developer agrees to renJw each and every iaid bondor bonds with good and sufficient sureties or lncrease the amount oisaid bonds, or both, within teir 1tO; aays
after being.notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding iny othlrprovlsions herein, if Developer fails to take such action as is necessary to comply with said notice,'Developer
shall.be in default of this agreement unleJs all required improvements are compieied within ninety (90) days ofthe date on which the City Engineer notified Developer of the insufficiency of the security or the amount of thebonds or both.
. NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
bonds securing this agreement, that, in the event it is deemed necessary to extend the lime of completion of the
work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by
City, eitherat its own option, or upon request of Developer, and such extensioirs snalt in no way affect the validity
of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the
aforesaid bond or bonds in full force and effecl during the terms of this agreement, including any extensions of
time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected
and the rights and obligations of the parties shall be construed and enforced as if ihe agreement did not contain
that particular part, term or provision held to be invalid.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be
served on the other party by mail, postage prepaid, at the following addresses:
TWELFIH: This agreement contains the entire agreement of the parties as to the matters set forth
herein. No waiver of any term or condition of thisAgreement shall be continuing waiver thereof.
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
. Docusign Envelope lD: 0897D1 05-8369-41 3F-92€8-7AF9C4CB9OAA
aiu
City of Menifee
29844 Haun Road
Menifee, CA 92586
CITY OF MENIFEE
By
Bill Zimmerman, Mayor
ATTEST:
By
Developer
Lennar Homes of Califomia, lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated:2020 Its Manger:
By:
By:
Dated:2020 CITY OF MENIFEE
Jonatha Smith, Public Works Director/
UI ineer
APPROVED AS TO FORM:
Sarah waring, City Clerk Jeffery T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Mnq uth
By:
By:
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
lN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: _,2021 By: Developer
Dated ,2021 CITY OF MENIFEE
By:
Daniel Padilla, City Engineer
CITY OF MENIFEE
By
Armando G. Villa, City Manager
ATTEST:
By
APPROVED AS TO FORM:
By
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGEO BY NOTARY
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193
July 21
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ACKNOWLEDGMENT
State of
County of
On before me,
(insert name title of offcer)
personally appeared
who proved to me on the basis of satisfa ctory evidence to be the personls)whose nasubscribed to the within i nstrument and ackn owledged to me that he/$helthqy
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his/her/their a uthorized capacity(las ), and that by his/her/their
executed the same in
persorits), or the entity upon behalf of which the person\.:c)
signature(s) on the instrument the
acted, executed he instrument.
ff##i:ffi:#Iffi:=*JURY under the laws or the state or cariromia that the roresoins
WITNESS my hand and offcial seat
6ETH BRULEY
Nol.ry P!bLlc - Citilornla
Rlver!ide Cc.,rnry
Commii5ion r 224775l
M/ Comm. txpirer J!l 24, 2022
I
Signature (Seal)
the this
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193